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United States v. Colleran

United States District Court, W.D. North Carolina, Charlotte Division

February 13, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
THOMAS EDWARD COLLERAN, Defendant, and ARTFX, INC. T/A ARTFX FX GEAR, Garnishee.

          WRIT OF CONTINUING GARNISHMENT

          David C. Keesler United States Magistrate Judge

         GREETINGS TO: ArtFX, Inc., T/A ArtFX FX Gear

         Attn: Payroll 1125 Azalea Garden Road Norfolk, VA 23502 An Application for a Writ of Garnishment against property of Thomas Edward Colleran, Defendant, has been filed with this Court (Docket No. 34). A judgment has been entered against Defendant (Docket No. 14). The U.S. Clerk of Court current total is $14, 375.34, computed through February 13, 2017, and is due and owing.

         You, as Garnishee, are required by law to answer in writing, under oath, within ten (10) days of service of this Writ, whether or not you have in your custody, control or possession, any property, or funds owned by Defendant, including non-exempt, disposable earnings.

         You must withhold and retain any property in which Defendant has a substantial non-exempt interest and for which you are or may become indebted to Defendant pending further order of the Court. This means that you should withhold twenty-five percent of Defendant's earnings which remain after all deductions required by law have been withheld and one hundred percent of all 1099 payments. See 15 U.S.C. §1673(a).

         Please state whether or not you anticipate paying Defendant any future payments and whether such payments are weekly, bi-weekly, monthly, annually or bi-annually.

         You must file the original written Answer to this Writ within ten (10) days of your receipt of this Writ with the following office:

Clerk of the United States District Court 401 West Trade Street Charlotte, North Carolina 28202

         Additionally, you are required by law to serve a copy of the Answer upon Defendant at his/her last known address:

         Thomas Edward Colleran 2400 Gemway Drive Charlotte, North Carolina 28216 You are also required to serve a copy of the Answer upon Plaintiff at the following address:

Financial Litigation Unit United States Attorney's Office 227 West Trade St., Suite 1650 Charlotte, North Carolina 28202

         Under the law, there is property which may be exempt from this Writ of Garnishment. Property which is exempt and which is not subject to this order may be listed on the attached Claim for Exemption form.

         Pursuant to 15 U.S.C. §1674, you, Garnishee, are prohibited from discharging Defendant from employment by reason of the fact that his earnings have been subject to garnishment for any one indebtedness.

         Pursuant to 28 U.S.C. §3205(c)(6), if you fail to answer this Writ or withhold property or funds in accordance with this Writ, the United States of America may petition the Court for an order requiring you to appear before the Court to answer the Writ and to withhold property before the appearance date. If you fail to appear, or do appear and fail to show good cause why you failed to comply with this Writ, the Court shall enter a judgment against you for the value of Defendant's non-exempt interest in such property. The Court may award a reasonable attorney's fee to the ...


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